Myths Common in Divorce Cases

 Posted on September 10, 2014 in Divorce

Some divorce cases, such as those of the very wealthy or those of the celebrity variety, are much more common to be made into news stories and discussed in the media than divorces between regular folks. Interestingly enough, it is often the case that no matter who the parties to the divorce case are, some of the same issues are present in divorce cases across the board, albeit on a different scale. A recent article discussed the high profile divorce case of a super wealthy Chicago couple, busting some divorce case myths along the way. Although the article is written in the context of this specific couple’s divorce case, these myths are present in many divorces, regardless of the splitting couple’s financial status.

Myths Busted

Whether speaking about billionaires or the average middle class couple, divorce cases are often an emotional, stressful time for both parties and their families. Issues arise that may make one party think he or she has an advantage over the other, but in reality, one can never be sure how a divorce case will play out in court. In that same vein, many have preconceived notions of divorce cases and their likely outcome. Consider the following myths and the corresponding realities:

Boisterous lawyering in the courtroom wins the case. While a lawyer raising their voice and animatedly making their point before a judge may make for entertaining courtroom behavior, it is unlikely to impress the judge. Lawyers who engage in this type of behavior may get on their client’s good side or gain more media attention, but they do little to gain a true advantage in the case they are arguing. Instead, it is legal knowledge and expert representation by the attorney that leads to winning a case.

The first to file the divorce petition gets an advantage. The filing party does not gain any significant advantage in being the first to file. Ultimately, the divorce is granted to both parties so one is not favored over the other. Parties’ rights in regards to other issues of divorce, including property division and child custody, are the same no matter who is the first to file.

If you have a prenup, the divorce case is essentially resolved. Even if a couple has a prenuptial agreement, it may not be the end of the issue. A prenuptial agreement can be attacked on a variety of legal grounds and can be declared invalid if the agreement was found to have been improperly drafted or executed. In addition, prenups may not have the capability of addressing every issue of a divorce, including child custody.

Every divorce case goes to trial because that is what the parties want. If parties to a divorce case cannot come to an agreement about the issues present in their divorce case, the matters will ultimately be decided by a judge and the parties while have to live with that, whatever the outcome may be. In addition, trials are more likely to make private details of a couple’s life made public. These factors usually provide the incentive for most couples to make an honest effort at settlement.

Divorce Attorney

If you or someone you know is considering a divorce in the Chicago area, feel free to contact the experienced DuPage County family law attorneys at the Davi Law Group, LLC. We have offices in Wheaton, Warrenville, and Chicago.